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The Advocate JOURNAL of CRIMINAL JUSTICE EDUCATION & RESEARCH KENTUCKY DEPARTMENT of PUBLIC ADVOCACY VOLUME 22, ISSUE 4 JULY, 2000

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The Advocate JOURNAL of CRIMINAL JUSTICE EDUCATION & RESEARCH KENTUCKY DEPARTMENT of PUBLIC ADVOCACY VOLUME 22, ISSUE 4 JULY, 2000 _____j SThe Advocate JOURNAL OF CRIMINAL JUSTICE EDUCATION & RESEARCH KENTUCKY DEPARTMENT OF PUBLIC ADVOCACY VOLUME 22, ISSUE 4 JULY, 2000 The Work f the 2000 General Assembly New New Criminal Defendei Laws Funding t k L I THE ADVOCATE Volume 22, No. 4 July 2000 TABLE OF CONTEJ DPA ON THE WEB DPA Home l’age http://dpa.state.ky.us Criminal Law Links http:/Idpa .state.ky. us/-rwheeler 2000 General Assembly Funds - Ernie Lewis 4-7 DPA Ed ucation http://dpa.state.ky. us/train. html DPA Employment Opportunities: New Law of the 2000 General Assembly http://dpa.state. ky. us/career. html - Ernie Lewis 8-13 The Advocate since May 1998: Changes in Laws Impacting Juveniles http://dpa.state. ky. us/advocate - Gail Robinson & Tim Arnold 14-15 Defender Annual Caseload Report: Sex Offenders on the Net: Kentucky’s http://dpa.state.ky. us/library/caseload. html Notification Sex Offender Registration and We hope that you find this service useful. If you have any suggestions or Statute Goes High Tech comments, please send them to DPA Webmaster, 100 Fair Oaks Lane. Frank - Carol Camp 16-18 fort. 40601 or webmastermail.pa.state.ky.us ********************************** Celebrate Freedom in Our Democracy PHONE EXTENSIONS by Celebrating Diversity DPA’s During normal business hours 8:30am - 5:00pm DPA’s Central Office 2000 Law Day Address telephones are answered by our receptiOnist, with callers directed to - Ernie Lewis 18-23 individuals or their voicemail boxes. Outside normal business hours, an automated phone attendant directs calls made to the primary num Eliminate the Death Penalty for Juveniles ber, 502 564-8006. For calls answered by the automated attendant. 5 testimonies presented before the House to access the employee directory, callers may press "9." Listed below Judiciary Committee 24-26 are extension numbers and names for the major sections of DPA. Make note of the extension numbers you frequently call -- this will aid our receptionist’s routing of calls and expedite your process through Breaking Through: Communicating the automated attendant. Should you have questions aboUt this sys and Collaborating with the Mentally tem or experience problems, please call Ann Harris or the Law Opera Ill Defendant tions Division, ext. 136. - Eric Drogin, J.D., Ph.D 27-34 Appeals - Renee Godbey #257 The Scope of the Right to Counsel in Capital Appeals - Michelle Crickmer #134 Kentucky Post-Conviction Proceedings Capital Trials - Sauda Brown #135 - Ed Monahan and Rebecca DiLoreto 34-37 Computers - Ann Harris #1 30/#285 Contract Payments - Vickie Manley #118 Public Defenders & Public Advocates: Deputy Public Advocate Office - Patti Heying #236 An Unnecessary Dichotomy Education - Patti Heying #236 - Thomas C. Glover 37-3 8 Frankfort Trial Office - Kathy Collins 502 564-7204 General Counsel Office - Lisa Blevins #294 Kentucky Caselaw Review Post-Trial Division - Lisa Fenner #279 - Shannon Dupree Smith 39-42 Juvenile Post-Dispositional Branch - Dawn Pettit #220 Law Operations - Tammy Havens #136 6th Circuit Review Library -Will Hilyerd #120 - Emily Holt 42-46 Payroll - Cheree Goodrich #114 Personnel - Al Adams #116 Plain View I Short View 47-50 Properties - Larry Carey #218 - Ernie Lewis Protection & Advocacy 502 564-2967 or #276 Public Advocate Office - Debbie Garrison #108 Practice Corner Recruiting - Doug Howard #117 Litigation Tips & Comments State & Capital Post Conviction 502 564-3948 - Collected by Misty Dugger 51 Timesheets - Karen Scales #117 Travel Vouchers - Vickie Manley #118 Trial Division - Laura Penn #230 2 THE ADVOCATE Volume 22, No. 4, July 2000 The Advocate The Advocate provides education and research for persons serving indigent clients in order to improve client representation and insure fair process and reliable results for those whose life or liberty is at risk. It educates criminal justice professionals and the public on de Our Legistature fender work, mission and values. The work of the 2000 General Assembly is fin ished. DPA has received substantial new funding The Advocate is a bi-monthly January, March, May, July, September, and there are many new laws. We report on both in November publication of the Department of Public Advocacy, an this issue including the testimony before the House independent agency within the Public Protection and Regulation Judiciary Committee of Rep. Eleanor Jordan, De Cabinet Opinions expressed in articles are those ofthe authors and do bra Miller, Ralph Kelly, Kerby Neil! and Ernie not necessarily represent the views of DPA. The Advocate welcomes Lewis on the bill to eliminate the death penalty for correspondence on subjects covered by it. If you have an article our juveniles. readers will find of interest, type a short outline or general description Authors and send it to the Editor. New In this issue we have new column authors: Shan non Smith for Ky. Caselaw Review formerly Copyright © 2000, Kentucky Department of Public Advocacy. All West’s Review, Misty Dugger for Practice Corner, rights reserved. Permission for reproduction is granted provided credit and Emily Holt for 6th Circuit Review. We thank is given to the author and DPA and a copy of the reproduction is sent them for helping to educate us. to The Advocate. Permission for reproduction of separately copy righted articles must be obtained from that copyright holder. Mentally Ill Clients We represent many persons who are mentally ill EDITORS: under the penal code and in 202A proceedings. Tom Glover helps us understand our responsibility Edward C. Monahan, Editor: 1984- present in 202A cases, and Eric Drogin offers many practi Erwin W. Lewis, Editor: 1978-1983 cal ideas on working with our clients who have Lisa Blevins, Graphics, Design, Layout mental illness. Contributing Editors: RCr1 1.42 The right to counsel in RCr1 1.42 proceedings is an DiLoreto - Juvenile Law Rebecca area of confusion for some. We offer our interpre Misty Dugger - Practice Corner tation of the various legal authorities and we note Dan Goyette - Ethics some myths. Emily bIt - 6th Circuit Review Ernie Lewis - Plain View Law Day Dave Norat - Ask Corrections At the request of Chief Justice Joe Lambert, Public Law Day Julia Pearson - Capital Case Review Advocate, Ernie Lewis gave this year’s presentation to the new lawyers and assembled dig Jeff Sherr - District Court nitaries. His remarks are reprinted in this issue. Shannon Smith - Kentucky Caselaw Review Department of Public Advocacy Education & Development Edward C. Monahan 100 Fair Oaks Lane, Suite 302 Editor Frankfort, Kentucky 40601 Tel: 502 564-8006, ext 294; Fax: 520 564-7890 E-mail: lblevinsmail.pa.state.ky.us Paid for by State Funds. KRS 57.375 3 THE ADVOCATE Volume 22, No. 4 July2000 2000 General Assembly Funds: Significant Part of Blue Ribbon Group Recommendations by Ernie Lewis, Public Advocate The 2000 General Assembly has gone home. What net. They were joined by the they did for indigent defense, however, was dramatic new Chief Justice, Joseph and will have an impact for many years. The net ef Lambert, two Republican and Democratic leaders of the fect will be a substantial improvement in the quality Senate, David Williams and defender system and the representation of the public Larry Saunders, several rendered to poor people accused of crime in Ken Democratic and Republican tucky. Leaders of the House, Harry Moberly, Kathy Stein, and years is familiar to What has happened during the last four Jeff Hoover, two Bar Leaders, most readers but bears repeating. Four years ago, the of our Dick Clay and Don Stepner, Kentucky public defender system languished as the worst the current and former Public funded public defender system in the country. This was the Protection and Regulation case irrespective of the particular benchmark, including cost- Cabinet Secretaries, Ron per-capita, cost-per-case, and defender salaries. The 1998 McC loud and Laura Douglas, problem, increasing the General Assembly took a stab at the the Dean of Law Professors, Ernie Lewis, Public Advocate each year of the biennium. General Fund for DPA by $2.3 Robert Lawson, and many Department of Public Advocacy DPA to This allowed the other prominent Kentuckians including former Congressman implement 2000. Plan 2000 included as its primary fea Plan Scotty Baesler, former Rep. Jim Lovell, Commonwealth’s ture the enhancement of juvenile representation through sev Attorney Phil Patton, District Judge Denise M. Clayton, Ap eral measures. First, 5 new full-time offices were opened dur palachian Research and Defense Fund Executive Director and ing 1998-2000 in Paintsville, Columbia, Maysville, Bar Leader John Rosenberg, current and former Public Advo 47 counties were Owensboro, and Bowling Green. In 1996, cacy Commission members Bob Ewald and Bob Carran, and full-time office, while 73 counties were covered covered by a prominent businessman Richard Dawahare. The BRG had at contract lawyers. By the end of 2000, 82 coun by part-time, its disposal the top indigent defense consultant in the country, covered by full-time offices, while only 38 coun ties will be the The Spangenberg Group headed by Bob Spangenberg. ties will be covered by part-time, contract lawyers. DPA was thus able to keep pace with Commonwealth’s Attorneys, who The Blue Ribbon Group met throughout the spring of 1999, also continued during the last 4 years to move increasingly and issued its report on June 1, 1999. The basic findings of toward a full-time prosecutorial system. Juvenile enhance the BRG were stated in Findings #5-7 as follows: "The De ment also included the hiring of a second trainer whose focus partment of Public Advocacy Ranks at, or Near, the Bottom has been on improving the quality of juvenile representation. of Public Defender Agencies Nationwide in Indigent Defense Jeff Sherr was hired to fill this position, and he along with oth Cost-Per-Capita & Cost-Per-Case.
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